In re M.C. CA1/1

Good Law
Court of Appeal of CaliforniaMarch 5, 2024A168679California2,139 words

Opinion

Opinion

I.

FACTUAL AND PROCEDURAL

BACKGROUND

M.C. came to the attention of respondent Alameda County Social Services Agency (Agency) shortly after he was born one month premature in April 20231 showing signs of withdrawal from drugs. A case worker interviewed the parents the day after the boy’s birth. Mother at first reported no Native American ancestry, but she soon reported that she had ancestry through the Nez Perce Tribe. The infant’s father (Father), who is not a party to this appeal, reported that he had Native American ancestry but did not know the relevant tribe, and his parental notification of Indian status form filed later that month contained the same information. The Agency filed a juvenile dependency petition around a week and a half after the infant was born alleging that he was a child described by Welfare and Institutions Code section 300,2 subdivisions (b) (failure to protect) and (g) (no provision for support). The petition’s attached Indian Child Inquiry form (ICWA-010(A)) indicated there was no reason to believe the infant was or may be an Indian child. According to the detention report dated April 23, Father did not want the Agency to contact his parents (the…

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